All park rules must be applied evenly and must be honored by both residents and park management. Rules must be consistent with applicable fair housing rules.
A copy of the current park rules must be attached to every rental agreement.
Management must give proper notice of any proposed changes in the current rules and hold a meeting with homeowners. Unless homeowners voluntarily accept the changes, rules other than those applying to recreational facilities can be implemented by management only after a six-month waiting period. The content of any such rules must be “reasonable.”
Homeowners have a right to have one pet, subject to management’s right to establish reasonable rules for pets.
Management must give 14 days written notice of any rule infraction or condition which must be corrected, before it can charge any resulting costs or fees to the homeowner.
Management can give 14 days notice of its intent to remove belongings on the rental space that violate the park rules or lease agreements. If the homeowner fails to correct the violation, management can remove the property, and store it at the homeowner’s expense. After 60 days, management can dispose of the removed property.
Management is responsible for the overall safe maintenance and operation of the park. Management is responsible for health and safety maintenance of trees anywhere in the park, if the individual homeowner’s rental agreement has been renewed since January 2001. A homeowner must obtain permission before planting a new tree. Management is responsible for any driveways it installs. Homeowners are responsible for driveways they install or for any damage they cause to existing driveways.
Homeowners are entitled to an initial written disclosure at the time of purchase from management describing the park conditions such as lighting, utilities, common areas, parking, and playgrounds.
Association and Communication
Homeowners have the right to use park facilities for meetings and to invite public officials or members of homeowner advocacy groups.
On non-commercial issues, homeowners have the right to circulate petitions and leaflets and canvass other homeowners, as long as they observe reasonable hours and reasonable behavior.
Homeowners have the right to display political campaign signs within 90 days prior to an election and 15 days after, as long as the size of the sign does not exceed 6 square feet.
Upon written request, management must meet and consult with a group of homeowners or an individual homeowner regarding park rules, rental agreements, maintenance standards or physical improvements.
A lease may be terminated only for specified reasons, the most important of which are failure to comply with applicable ordinances or state regulations after receiving a notice of deficiency, failure to comply with park rules after receiving a 7 day notice of violation, or certain criminal acts such as prostitution or drug dealing. A homeowner can also be terminated for being a “substantial annoyance” to other homeowners or residents.
A rental may also be terminated for failure to pay rent, utilities or other service charges which are 5 or more days late, but only after subsequently receiving a 3 day written notice of this deficiency.
A notice of termination for any of these reasons must be served 60 days in advance, and must state the factual basis for the termination. The notice must be served on all legal homeowners and lienholders.
Delinquency rent payments, or violations of park rules, can be cured within three days after the sixty day notice is issued, but not if three prior notices for the same violation have been served within the last twelve months.
The homeowner can sell the home during the sixty day notice period as long as all arrears are brought current and the transaction is completed during the sixty day time period.
Purchase and Transfer
Homeowners have the right to sell a mobile home “in place” through an agent of their choice. Management cannot charge a fee for a sale unless it performs an actual service related to the sale. Written notification that the home is for sale can be required. Management cannot require the owner to allow the park a right of first refusal, unless there is a separate agreement where management pays for this option.
Management cannot require that a mobilehome be removed from the park as a condition of sale unless the home is significantly “rundown” or past a certain age and in violation of the California Department of Housing & Community Development standards for mobilehome conditions. Repairs to a home to remain in the park can be a condition of sale only if the repairs are for exterior portions, are required by state or local regulation, and are not to structures owned or installed by management.
Management may require financial qualifications from a prospective buyer and proof that the buyer will not violate park rules. A fee for financial reports may be charged the buyer, but must be credited toward rent if accepted, or refunded at the end of the process if the buyer is rejected by management. Management must accept or reject a prospective buyer in writing within fifteen business days after receiving a completed application. If a buyer is rejected, the reasons must be stated in writing.
The Statutory Disclosure Form is required for all sales. After October 1, 2004, management must provide a separate disclosure to any prospective buyer, which includes an explanation of the dual nature of ownership, the fact that a lease or rental agreement will be required, and the applicable rental rates and other charges that will apply, as well as the right to a copy of the park rules.
A legal heir who continues in possession of a mobile home after the registered homeowner dies, must promptly take the necessary steps to legally transfer ownership. Failure to transfer title can result in summary eviction. Park management has the right to require the heir to qualify under the same criteria that would apply to a new purchaser. The heir may sell the home “in place”, as long as all of the obligations of the deceased homeowner are kept current.
The above was taken from the Project Sentinel website at http://www.housing.org/. This is a good resource for tenant/landlord information. Project Sentinel is a non-profit agency providing services to help people resolve housing problems.